2024 Supreme(Online)(KER) 55929
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 4TH DAY OF DECEMBER 2024 / 13TH AGRAHAYANA, 1946 WP(C) NO. 43351 OF 2024 PETITIONER:
RAMESH NADARAJAN AGED 45 YEARS S/O.NADARAJAN, OFFICER, MMGS-III MANAGER (FI), STATE BANK OF INDIA, KANHANGAD BRANCH, KASARAGOD, PIN - 671315 BY ADVS.
M.U.VIJAYALAKSHMI K.JAJU BABU (SR.)
BRIJESH MOHAN SACHIN RAMESH AISHWARYA SATHEESAN POOJA K.
MANIKANTAN S.KANDATHIL RESPONDENTS:
1 STATE BANK OF INDIA, STATE BANK BHAVAN, NARIMAN POINT, MUMBAI, MAHARASHTRA REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR., PIN - 400021
2 THE REVIEWING COMMITTEE STATE BANK OF INDIA, REPRESENTED BY DEPUTY MANAGING DIRECTOR (CAG) APPEALS AND REVIEW DEPARTMENT CORPORATE CENTRE, 8TH FLOOR STATE BANK BHAVAN, MADAM KAMA ROAD MUMBAI, PIN -
400021
3 THE APPELLATE COMMITTEE STATE BANK OF INDIA, REPRESENTED BY CHIEF GENERAL MANAGER (STU) APPEALS AND REVIEW DEPARTMENT CORPORATE CENTRE, 8TH FLOOR STATE BANK BHAVAN, MADAM KAMA ROAD MUMBAI, PIN -
400021
4 THE GENERAL MANAGER AND DISCIPLINARY AUTHORITY, STATE BANK OF INDIA DISCIPLINE MANAGEMENT HUB (SOUTH), STATE BANK OF INDIA BUILDING, 7TH FLOOR, 157 ANNA SALAI, CHENNAI, PIN - 600002
5 THE REGIONAL MANAGER, STATE BANK OF INDIA, STATE BANK BHAVAN, MADAM KAMA ROAD MUMBAI, PIN - 400021 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.12.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MOHAMMED NIAS C.P., J ............................................................
W.P.(C) No.43351 of 2024 .............................................................
Dated this the 04th day of December, 2024
JUDGMENT
Petitioner challenges Ext.P22 order dated 11.11.2024 passed by the respondent bank pursuant to the disciplinary proceedings initiated, imposing a penalty of reduction to a lower grade from OMMGS-III to OMMGS-II with further directions to re- fix the basic pay. Though, the learned senior counsel for the petitioner submits that the second disciplinary enquiry was also on the same set of charges as the first one which was concluded, the learned counsel appearing for the Bank strongly disputed the same.
Be that as it may, since these questions which require factual adjudication can be agitated before the appellate authority. Without prejudice to the right of the petitioner to file an appeal taking all contentions available to him under law, the writ petition is disposed of directing the petitioner to prefer an appeal against Ext.P22 within three weeks from today. On receipt of the appeal the appellate authority shall pass orders in accordance with law, with notice to the petitioner, within four weeks thereafter. Till orders are passed as directed above, the the operation and enforcement of Ext.P22 order will stand stayed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE Anu APPENDIX OF WP(C) 43351/2024 PETITIONER EXHIBITS Exhibit.P1 TRUE COPY OF A STATEMENT OF APPRECIATION LETTERS/ CERTIFICATE RECEIVED BY HIM DURING THE YEAR 2018-21 Exhibit.P1(a) TRUE COPY OF CERTIFICATE OF APPRECIATION DATED 20.04.2018 REFERRED TO IN EXT.P1 DOCUMENT ISSUED IN FAVOUR OF THE PETITIONER Exhibit.P1(b) TRUE COPY OF CERTIFICATE OF EXCELLENCE DATED JULY 2018 REFERRED TO IN EXT.P1 DOCUMENT ISSUED IN FAVOUR OF THE PETITIONER Exhibit.P1(c) TRUE COPY OF CERTIFICATE OF EXCELLENCE DATED AUGUST 2018 REFERRED TO IN EXT.P1 DOCUMENT ISSUED IN FAVOUR OF THE PETITIONER Exhibit.P1(d) TRUE COPY OF THE CERTIFICATE OF EXCELLENCE DATED AUGUST 2018 REFERRED TO IN EXT.P1 DOCUMENT ISSUED IN FAVOUR OF THE PETITIONER Exhibit.P1(e) TRUE COPY OF CERTIFICATE OF P GOLD LOAN CAMPAIGN 'TARGET 10' DURING THE PERIOD
9TH OCTOBER 2018 TO 11 OCTOBER 2018 ISSUED IN FAVOUR OF THE PETITIONER Exhibit.P1(f) TRUE COPY OF CERTIFICATE OF EXCELLENCE IN CROSS SELLING INCOME - MUTUAL FUND FOR THE FINANCIAL YEAR 2018 -19 ISSUED IN FAVOUR OF THE PETITIONER Exhibit.P1(g) TRUE COPY OF CERTIFICATE OF EXCELLENCE IN HTL RELATED (ABSOLUTE GROWTH) SCALE III AND IV BRANCHES FOR THE FINANCIAL YEAR 2018 -19 ISSUED IN FAVOUR OF THE PETITIONER Exhibit.P1(h) TRUE COPY OF CERTIFICATE OF EXCELLENCE (2ND POSITION IN GCC) DATED SEPTEMBER
2019 ISSUED IN FAVOUR OF THE PETITIONER Exhibit.P1(i) TRUE COPY OF CERTIFICATE OF EXCELLENCE (2ND POSITION IN REHBU) DATED SEPTEMBER 2019 ISSUED IN FAVOUR OF THE PETITIONER Exhibit.P1(j) TRUE COPY OF CERTIFICATE OF APPRECIATION IN XPRESS CREDIT -100%
BUDGET ACHIEVED + ABSOLUTE TERMS FOR THE FINANCIAL YEAR 2019-20 ISSUED IN FAVOUR OF THE PETITIONER Exhibit.P1(k) TRUE COPY OF CERTIFICATE OF APPRECIATION IN DEPOSITS + ADVANCE 100%
BUDGET ACHIEVEMENT FOR THE FINANCIAL YEAR 2019-20 ISSUED IN FAVOUR OF THE PETITIONER Exhibit.P1(l) TRUE COPY OF CERTIFICATE OF APPRECIATION IN REHBU - 100% BUDGET ACHIEVEMENT FOR THE FINANCIAL YEAR
2019-20 ISSUED IN FAVOUR OF THE PETITIONER Exhibit.P1(m) TRUE COPY OF CERTIFICATE OF APPRECIATION IN GCC MIGRATION FOR THE FINANCIAL YEAR 2019-20 ISSUED IN FAVOUR OF THE PETITIONER Exhibit.P1(n) TRUE COPY OF CERTIFICATE OF APPRECIATION IN SBI LIFE (MDRT-
ACHIEVER) FOR THE FINANCIAL YEAR 2019-
20 ISSUED IN FAVOUR OF THE PETITIONER Exhibit.P1(0) TRUE COPY OF CERTIFICATE OF EXCELLENCE IN HOUSING LOAN DATED JANUARY 2019 ISSUED IN FAVOUR OF THE PETITIONER Exhibit.P1(p) TRUE COPY OF CERTIFICATE OF EXCELLENCE AS SUPER ACHIEVER FOR THE PERIOD 10TH JANUARY 2016 TO 28TH FEBRUARY 2019 ISSUED IN FAVOUR OF THE PETITIONER Exhibit.P1(q) TRUE COPY OF CERTIFICATE OF EXCELLENCE IN RECON TARA CAMPAIGN DATED 16.04.2019 ISSUED IN FAVOUR OF THE PETITIONER Exhibit.P1(r) TRUE COPY OF CERTIFICATE OF EXCELLENCE IN LAKSHYA URKARASH CAMPAIGN DATED 19.10.2019 ISSUED IN FAVOUR OF THE PETITIONER Exhibit.P1(s) TRUE